Zimbabwe

The Earl of Caithness: asked Her Majesty's Government:
	What decisions were taken at the Article 96 meeting on Zimbabwe on 19 December.

Baroness Amos: The initial Article 96 Consultations on 19 December with the Government of Zimbabwe were postponed. They took place in Brussels on 11 January. The EU asked the Zimbabwean Government to send a letter to the President of the Council of the EU by 18 January detailing its actions on points of EU concerns in particular: on respect for human rights; an investigation into political violence; a code of conduct for the election; commitment to freedom of expression (including access to international journalists); and the timely invitation and accreditation of a wide range of international election observers.

Arms Export Policies

Lord Hylton: asked Her Majesty's Government:
	What steps they are taking to co-ordinate the arms export policies, both generally and with particular reference to small and portable weapons, of the United Kingdom, the European Union, the United States and Russia; and how far they consider that this will contribute to measures to counter international terrorism and to prevent the proliferation of lethal weapons.

Baroness Symons of Vernham Dean: The rigorous application of strict export licence assessment criteria and maximum transparency in information exchanges on arms transfers are central to keeping arms out of the hands of terrorists and in tracing flows of weapons, particularly small arms. We therefore work closely with our EU partners on the operation of the EU Code of Conduct on Arms Exports and on the weapons collection and destruction projects funded under the EU Joint Action on Small Arms. There are regular EU co-ordination exchanges with the United States and Russia, as well as UK national contacts with both the US and Russia.
	We also work for greater control of small arms at the UN and OSCE. We have consistently argued for small arms to be included in the Wassenaar Arrangement's information exchanges on arms transfers. In spite of our efforts, the Wassenaar Arrangement Plenary in December 2001 was not able to agree to this move, although Wassenaar has previously agreed guidelines on the transfer of MANPADS (Man-Portable Air Defence Systems) because of concerns about exploitation by terrorists. The 2001 plenary was, however, able to agree that one of Wassenaar's fundamental aims was to prevent arms flows to terrorists.

Gibraltar

Lord Hoyle: asked Her Majesty's Government:
	Whether any joint, shared or partial sovereignty which may arise from the talks in Gibraltar about its future between Britain and Spain will be subject to the consent of the people of Gibraltar in a referendum.

Baroness Symons of Vernham Dean: I refer the noble Lord to my statement in the House on 12 December 2001 (Official Report, col. 1407).

Gibraltar

Lord Fearn: asked Her Majesty's Government:
	Whether there are any plans to ask Gibraltarians, by referendum, to decide on future sovereignty.

Baroness Symons of Vernham Dean: I refer the noble Lord to my statement in the House on 12 December 2001 (Official Report, col. 1407).

Gypsies: Planning Permission Appeals

Lord Avebury: asked Her Majesty's Government:
	How many appeals by gypsies against refusal of planning permission were considered by the Secretary of State in each of the years 1994 to 2001 inclusive; how many of those were successful; and, in each case where the Secretary of State upheld the appeal, how many pitches were allowed.

Lord Falconer of Thoroton: The provision of information on planning appeals is the responsibility of the Planning Inspectorate. I have asked the Inspectorate's Chief Executive, Mr Chris Shepley, to write to the noble Lord.
	Letter from the Chief Planning Inspector, Chris Shepley, dated 21 January 2002.
	The Minister of State for Transport, Local Government and the Regions has asked me to reply to your Question about planning appeals made by gypsies.
	The Inspectorate does not maintain records on the status of appellants. We do, however, record the proposed land use, and the number of appeals against refusal of planning permission for gypsy encampments and the number allowed are as follows.
	
		
			  Decided by Inspectors Decided by the Secretary of State 
			 Year 
			  Number decided Number allowed Number decided Number allowed 
			 1994 36 7 1 1 
			 1995 37 10 6 0 
			 1996 31 6 6 0 
			 1997 28 10 5 3 
			 1998 40 9 3 3 
			 1999 26 13 5 1 
			 2000 30 13 4 3 
			 2001 28 16 4 3 
		
	
	The number of pitches allowed is as follows.
	
		
			  Number of pitches unidentified Number of pitches allowed 
			By Inspectors By Secretary of State 
			 Year Appeals by Inspectors Appeals by Secretary of State Appeals Pitches Appeals Pitches 
			 1994 5 1 2 7 
			 1995 6 0 4 13 
			 1996 4 0 2 2 
			 1997 7 3 3 4 
			 1998 8 2 1 4 1 2 
			 1999 13 1 
			 2000 13 3 
			 2001 12 3 4 7

Tourism Enterprises: Planning Policies

Lord Fearn: asked Her Majesty's Government:
	What steps they are taking to review planning laws and guidelines which specifically deal with tourism enterprises, with a view to relaxing any which restrict development.

Lord Falconer of Thoroton: Specific national planning policies on tourism are set out in Planning Policy Guidance Note 21. Our intention, outlined in the Government's Green Paper Planning: delivering a fundamental change, is to review all planning policy guidance notes to identify whether they are still needed; to ensure that they achieve much greater clarity in expressing policies; and to ensure that they distinguish between policy and advice. We shall be putting forward proposals about PPG21 shortly.

Bullying in the Workplace

Baroness Gould of Potternewton: asked Her Majesty's Government:
	What action they are taking or planning to take to combat the growth of bullying in the workplace.

Lord Sainsbury of Turville: Bullying and harassment have no place in today's work environment and are unacceptable whenever they occur. The Government strongly condemn such behaviour and believe employees should be able to work without fear of encountering bullying from their employers or anyone else.
	The adoption of best employment relations practice should help to create a culture where bullying becomes unacceptable. The Government have established the Partnership Fund which encourages participative and open cultures within organisations. There are a number of projects which are specifically focusing on the issue of bullying and more that include it as part of their overall culture change.
	Moreover, we are working closely with the Health and Safety Executive on the development of management standards. The first step is to undertake research to establish the real extent of the problem and how it manifests itself in the workplace.
	There are a number of legal measures employees can turn to if the situation requires it. ACAS has produced a code of practice on disciplinary and grievance procedures developed in September 2000 which has a section relating to bullying. The code also offers advice to employees and employers in this and many areas of employment relations. The code can be taken into account in an employment tribunal and therefore carries weight.

Access Land

Lord Fyfe of Fairfield: asked Her Majesty's Government:
	When they expect to begin consultation on proposals for regulations on the dedication of access land under Section 16 of the Countryside and Rights of Way Act 2000.

Lord Whitty: We have today published a consultation paper which sets out the Government's proposals for regulations on the dedication of access land under Section 16 of the Countryside and Rights of Way Act 2000. The regulations, which we expect to lay before Parliament later this year, will enable the owner of any land, or a lessee with a long lease, irrevocably to dedicate that land for public access. The Forestry Commission has already announced its intention in principle to dedicate the national forestry estate under Section 16.
	My right honourable friend the Minister of State for Rural Affairs (Mr Alun Michael) is also writing today to green minister colleagues about the considerable scope for dedication of land held by government departments and sponsored non-departmental public bodies where dedication is compatible with the purpose for which the land is held. We will work with other departments to explore the opportunities for dedication through the Framework for Sustainable Development on the Government Estate.
	Copies of the consultation paper are being sent to organisations representing local authorities, recreational users and land managers representative organisations and others with an interest; the consultation paper is also being published on the Defra website. A copy of the consultation paper has been placed in the Libraries of both Houses of Parliament.

Cell Nuclear Transfer and Cloning

The Duke of Montrose: asked Her Majesty's Government:
	Whether the inclusion of human genetics in Schedule 5 to the Scotland Act 1998 means that cell nuclear transfer and cloning are matters reserved to Westminster.

Lord Hunt of Kings Heath: Human cell nuclear transfer and cloning are reserved to the United Kingdom Parliament under Section J3 of Part II of Schedule 5 to the Scotland Act, under the heading "The subject matter of the Human Fertilisation and Embryology Act 1990". They were treated as reserved when the Human Reproductive Cloning Act 2001 was passed by the UK Parliament.

Bristol Royal Infirmary Inquiry

Baroness Gale: asked Her Majesty's Government:
	What action has been taken with regard to the civil servant in the Department of Health, Dr Peter Doyle, who was criticised in the report of the public inquiry into children's heart surgery at the Bristol Royal Infirmary 1984 to 1995.

Lord Hunt of Kings Heath: The Department of Health commissioned independent assessors to lead a review of the inquiry report and other relevant information and make recommendations on whether or not any action should be initiated in respect of Dr Doyle. The assessors were Lesley James, former Vice-President of the Chartered Institute for Personnel and Development, and Sir David Carter, Vice-Principal of Edinburgh University. Their overall conclusion was that Dr Doyle responded appropriately to the information he was given by Dr Bolsin on 19 July 1994 about poor results following paediatric cardiac surgery in the Bristol unit, taking into account the context in which he was operating at the time. They concluded that, while it is possible with hindsight to question Dr Doyle's decision not to examine the detailed data he was given by Dr Bolsin, any criticism has to be balanced both against the prompt and positive action he did take in writing to Professor Angelini at the Trust, raising the concerns that had been drawn to his attention and seeking reassurances, and against the subsequent assurances he was given. The Chief Executive of the Department of Health, Nigel Crisp, has accepted their conclusions, including the recommendation that no disciplinary action is warranted and that Dr Doyle should resume his current duties in the department, working as the Senior Medical Officer providing advice on renal services and transplant services—which he has done.

DCMS: Quinquennial Reviews

Baroness Anelay of St Johns: asked Her Majesty's Government:
	Which quinquennial reviews are currently being undertaken by the Department for Culture, Media and Sport; and what are the dates by which they will be completed.

Baroness Blackstone: The information is shown in the following table.
	
		
			 Reviews currently being undertaken  Completion date 
			  
			 National Gallery 
			  Joint review 31 March 2002 
			 National Portrait Gallery 
			   
			 National Heritage Memorial Fund/ Heritage Lottery Fund  31 March 2002 
			 Sport England  31 March 2002 
			 Reviewing Committee on the Export  of Works of Art  30 June 2002 
			 Geffrye Museum 
			   
			 Horniman Museum 
			  Joint review 30 September 2002 
			 Museum of London 
			   
			 National Museum of Science and  Industry  31 October 2002 
			 English Heritage  30 November 2002 
			 Museum of Science and Industry in  Manchester  30 November 2002 
			 National Maritime Museum  31 December 2002 
			 Registrar of the Public Lending 
			   
			 Right 
			  Joint review 31 December 2002 
			 Advisory Committee for the Public 
			   
			 Lending Right

Belfast Agreement: Parity of Esteem

Lord Laird: asked Her Majesty's Government:
	Whether representations were made to the Government of the Republic asking them to implement the Belfast Agreement of 1998 with respect to parity of esteem and equality of treatment for the Ulster Scots culture, language and history; and, if so, what was the nature of such representations, when they were made and by whom.

Lord Williams of Mostyn: No such representations have been made by Her Majesty's Government. We are not in a position to say whether any representations have been made from any other sources.

Northern Ireland: Victims of Intimidation

Baroness Park of Monmouth: asked Her Majesty's Government:
	What action, if any, has been taken to implement the recommendation, made by the House of Commons Northern Ireland Committee in its report on relocation following paramilitary intimidation published in March, that a single unit should be set up on the mainland to assist British displaced persons, in view of the further information provided in the Radio 4 programme, "An Imperfect Peace", on 3 December.

Lord Williams of Mostyn: Government policy in this area has been to encourage people to liaise with the police in a bid to make them more secure within their own community, or, if they have been obliged to move, to work towards their re-integration. This is because there is a tension between the Government's desire to help those genuinely in need and, by so doing, actually furthering the objectives of those trying to force them from their homes. Formalising the development of policy and the co-ordination of support activities, as the commitee advocates, would risk sending a signal to paramilitaries that, by working to alleviate the consequences of their actions, the Government were tacitly allowing them to continue with impunity.
	The Government are satisfied that the support necessary for victims of intimidation resettling in Great Britain is in place but that the committee is right to highlight the need for clear information to be available locally on how to gain access to that support. Citizens' advice bureaux appear to fulfil that function very satisfactorily; we are studying their guidance and, if it is considered that supplementary material or tailoring specific to the needs of victims of intimidation is necessary, we will pursue that with them.

Northern Ireland Human Rights Commission

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 11 December (WA 200), whether those who applied to become members of the Northern Ireland Human Rights Commission and were rejected (either with or without an interview) have less merit than the nine commissioners who were re-appointed.

Lord Williams of Mostyn: The Commissioner for Public Appointments' Code of Practice (CPA) makes clear that first re-appointments may be made, subject to certain considerations, without the need for an open competition. The re-appointments of the eight Northern Ireland Human Rights Commissioners were made in accordance with that code of practice.
	Ministers decided that it was particularly important in considering appointments to a newly established body such as the Northern Ireland Human Rights Commission to strike a balance between injecting fresh thinking and providing continuity, especially while the commission was undertaking important, long-term projects such as the consultation exercise on the scope for a Bill of Rights in Northern Ireland.
	As there is no statutory requirement for the commission to be a particular size, the Secretary of State decided to re-appoint the existing commissioners and to strengthen the commission's existing ability to respond to the demands on its time and very heavy workload by appointing new members to the commission.
	Given the guidance on re-appointments from the Office of the Commissioner for Public Appointments, it is not necessary or appropriate to compare the merits of those re-appointed with those who applied in 2001 to become members of the Northern Ireland Human Rights Commission.

Palace of Westminster Security Passes

Lord Elton: asked Her Majesty's Government:
	Whether they will initiate a debate in this House on the question whether all security passes giving admission to the Palace of Westminster should continue to be valid in all parts of the Parliamentary Estate.

Lord Williams of Mostyn: No. The question of access to the Palace is one, in the first instance, for Black Rod. If the noble Lord is anxious for a debate on this subject there is nothing to stop him entering the ballot for a debate. Alternatively, he could explore the possibility of using one of his own party's debate days if his idea commands sufficient support among his noble friends.